day of Debtor s) filed a Chapter 13 petition on this 200_ The plan was confirmed on

Transcription

1 INCLUDE HOW DEBTORS CAN AFFORD DEBT - ATTACH AMENDED SCHEDULES I & J BA5ED UPON CURRENT PAYSTUBS 2014 DO NOT FILE WITH COURT. SUBMIT TO THE CHAPTER 13 TRUSTEE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION IN RE: CASE NO. CHAPTER 13 DEBTOR (S) JUDGE APPLICATION TO INCUR DEBT FOR MOTOR VEHICLE Come s) now the debtor s) and request permission from the Chapter 13 Trustee to incur a debt in the amount of $ The debtor (s) request permission to pay this debt outside the Chapter 13 plan. Debtor s) filed a Chapter 13 petition on this 200_ The plan was confirmed on day of Pursuant to LBR (b) the debtors) provides) the following information: (NOTE TO COUNSEL: your application) These words and the answer thereto must appear on 1. a statement in support of the feasibility of the debt; 2. a description of the item to be purchased or the collateral affected by the credit to be obtained; 3. a description of the interest held by any other entity in any collateral affected by the credit; 4. the reasons for which the debtor has need for the credit; 5. the terms of any financing involved, including interest rate; 6. a description of any method or proposal by which the interest held by any other entity in the collateral affected by the credit may be protected; and 7. copies of all documents which support the oredit~ transaction, or the reason for the unavailability. See LBR

2 WHEREFORE, debtor s) request permission to incur this debt. Respectfully submitted, Attorney for Debtor s) Attorney Reg. No. OH Phone Number Facsimile Number CERTIFICATE OF SERVICE I hereby certify that on (month) (day) (year), a copy of the foregoing Application to Incur Debt for a Motor Vehicle was served electronically to: The Chapter 13 Trustee at mburks@cinnl3.org Shanna Martin Legal Assistant/Paralegal at smartin@cinnl3.org Guinevere D. O'Shea, Esq. at goshea~cinnl3.org Tonya Shorten Assistant Paralegal/Claims Examiner tshorten@cinnl3.ora and on the following by ordinary U.S. Mail addressed to: Debtor s ) All affected creditors. Debtor (s) Attorney

3 NOTE TO COUNSEL Send the following documents: 1. Application in PDF format (Adobe) 2. Supporting documents in PDF format (Adobe) 3. The approval in WORD (the approval should be ready to file except for the date. In other words, complete the.) Note: Always serve creditors from whom you are borrowing the funds. If you are paying off real estate, serve the mortgage companies or lending institutions. Provide full addresses. You cannot say "affected creditors."

4 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION IN RE: CASE NO CHAPTER 13 JUDGE DEBTOR (S) CHAPTER 13 TRUSTEE'S APPROVAL OF APPLICATION TO INCUR DEBT FOR MOTOR VEHICLE The Chapter 13 Trustee approves the Application attached hereto and files it with the Court. Payments to this new creditor are to be made outside debtors) Chapter 13 plan. Counsel should review all loan documents, all costs associated with transaction and debtor(s)' budget with debtor(s). If the motor vehicle has been sold to another customer, then debtor s) may purchase a vehicle of equivalent value within two weeks of the filed date of the approval. Chapter 13 Trustee Attorney Reg. No. OH Francis J. DiCesare, Esq. Attorney Reg. No. OH Guinevere D. O'Shea, Esq. Attorney Reg No. OH Vine Street, Suite 2200 Cincinnati, OH (513) (513) facsimile mburks@cinnl3.org-correspondence only fdicesare@cinnl3.org goshea@cinnl3.org

5 CERTIFICATE OF SERVICE I hereby certify that on (month) (day) (year), a copy of the foregoing Approval to Incur Debt for a Motor Vehicle was served on the following registered ECF participants, electronically through the court's ECF systems at the address registered with the court: U.S. Trustee 36 East 7th Street Suite 2030 Cincinnati, Ohio Debtor(s)' Attorney And on the following by ordinary U.S. Mail addressed to: Debtor s ) All Affected Creditors

6 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ~N R~: CASE NO. CHAPTER 13 JUDGE DEBTOR (S) CHAPTER 13 TRUSTEE'S DENIAL OF APPLICATION TO INCUR DEBT FOR MOTOR VEHICLE The Chapter 13 Trustee denies the Application to Incur Debt attached hereto and files it with the Court. The application is denied because Chapter 13 Trustee Attorney Reg. No. OH Francis J. DiCesare, Esq. Attorney Reg. No. OH Guinevere D. O'Shea, Esq. Attorney Reg No. OH Vine Street, Suite 2200 Cincinnati, OH (513) (513) facsimile only fdicesareccinnl3.org goshea~cinnl3.org

7 CERTIFICATE OF SERVICE I hereby certify that on (month) (day) (year), a copy of the foregoing Trustee's Denial of Application to Incur Debt for Motor Vehicle was served on the following registered ECF participants, electronically through the court's ECF systems at the address registered with the court: U.S. Trustee 36 East 7th Street Suite 2030 Cincinnati, Ohio Debtor(s)' Attorney And on the following by ordinary U.S. Mail addressed to: Debtor s ) All Affected Creditors es